Patna High CourtCR. MISC./72881/2019bail granted

Arjun Kumar v. The State Of Bihar

2019-11-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72881 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- DANIYAWAN District- Patna ====================================================== 1.

ARJUN KUMAR Son of Ram Nandan Prasad Resident of Katru Bigha, P.S.- Parwalpur, District- Nalanda 2.

Tek Ram Son of Late Desh Raj @ Deo Raj Daram Singh Resident of Jani Khurd, P.S.- Jani, District- Meraqth (U.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 2209 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 05-08-2019. It is alleged that 2209 litres wine is recovered. The petitioners are driver and Khalasi of the truck in question. They had no

Patna High Court CR. MISC. No.72881 of 2019(2) dt.15-11-2019 2/2 knowledge about the nature of goods booked by the transporter. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 6981 of 2019 arising out of Daniyan P.S. Case No. 127 of 2019. (Sudhir Singh, J) A.K.V.//- U T